Mullins v. State

Deen, Presiding Judge.

1. A sentence entered in a criminal case which is unauthorized by law is a nullity and void. Heard v. Gill, 204 Ga. 261 (49 SE2d 656); Morris v. Clark, 156 Ga. 489 (119 SE 303); Wyatt v. State, 113 Ga. App. 857 (149 SE2d 837); Reynolds v. State, 132 Ga. App. 89 (207 SE2d 630). Where the sentence is void, a valid sentence may be imposed by the court, until which time the defendant stands as though convicted but not sentenced. This is why, although a judge cannot modify a sentence after the term in which it is rendered, he may resentence him, where the original sentence…